Holding intermediaries liable for users' content

Earlier this month, I spoke as an
expert witness in the ongoing trial of Chiranuch Premchaiporn, the editor of
Thailand's Prachatai.com website, who is being criminally prosecuted under that
country's Computer Crime Act and Lesé Majesté laws. The crime involves online
posts allegedly disrespectful to Thailand's monarchy, but Chiranuch herself
is not accused of originating or posting the commentary.

Instead, Chiranuch is being
held responsible for the actions of a few commenters on Prachatai's discussion
boards, which contained thousands of comments and posts. The forums were
moderated, and any offensive content was removed as soon as Prachatai's
moderators were notified, but the prosecutors state that Chiranuch herself
was personally liable the moment any disrespectful commentary was "imported"
onto systems under her control.

I made the argument that a law that makes
intermediaries such as Prachatai equally and strictly liable for the content of
their users would have wide-reaching implications for the Internet and press
freedom in Thailand. I also pointed out weaknesses in the presentation of
digital evidence in the case. While the court case has been disrupted due to
the serious flooding in Thailand, my written statement was accepted. An
English version of the evidence I provided is downloadable here.

San Francisco-based CPJ Internet Advocacy Coordinator Danny O’Brien has worked globally as a journalist and activist covering technology and digital rights. Follow him on Twitter @danny_at_cpj.